TaxTMI 
TaxTMI 
2022 (9) TMI 1492
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....l Original Petition has been filed seeking to quash the entire proceedings in C.C. No. 07 of 2018 pending on the file of Special Court Constituted under The Prevention of Money Laundering Act, 2002, Chennai. 2. On a complaint given by one Dinesh Kumar, a case in Crime No. 454 of 2008 on the file of K-1, Sembiam Police Station was registered under Section 420 of IPC r/w Section 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 r/w 120-B of IPC against one M/s. QuestNet Enterprises India Private Limited. This case was transferred from the file of K-1, Sembiam Police Station to CB CID by the orders of the Director General of Police, Tamil Nadu, dated 22.05.2008. Since there were several FIRs pending against the s....
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....to refer to them, consciously, to ensure that such intrusions should not further occur, thereby making it difficult during this second effort. While I impose trust on the petitioner's submission that they really intend to settle all its members for the purpose of compounding the offences, this Court will not permit any further dilatory techniques of thwarting or delaying either the adjudication or the disbursement. This Court shall not permit the Company to henceforth turn the efforts initiated by the Hon'ble Supreme Court into a mockery. Hence, there shall be a direction to the learned Chief Metropolitan Magistrate, Egmore, Chennai to expedite the trial in C.C. No. 3876 of 2009 and complete the same, within six months from today. H....
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....egard to the adjudication/disbursement. e) The initial tenure of the Hon'ble Settlement Commissioner shall be fixed for a period of six months from the date of this order. f) The principal seat of the Commission shall be at Chennai and the required place, infrastructure, staff and all other amenities shall be provided to him by the CBCID, Chennai and similar facilities shall also be extended to the Hon'ble Commissioner in all other Districts where the Hon'ble Commissioner seeks, by the concerned Superintendent of Police of such Districts. It would be open to the Hon'ble Commissioner to seek for providing venues where adjudication/disbursement, if sought to be made in other Districts, from the Secretary, Law Department of....
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....e huge number of the claimants spread throughout the State of Tamilnadu, there might arise some practical impediments during the adjudication/disbursement process. Hence, the Registry is directed to post this matter on 30.11.2017 for receiving an interim report of the Hon'ble Settlement Commissioner seeking for any clarification, if need be." 3. Pursuant to the above, the Settlement Commissioner completed the work that was assigned to him and submitted a report to this court, based on which, the prosecution in C.C. No. 3876 of 2009 was quashed by this Court, by order dated 02.01.2020 in Crl. O.P. No. 30144 of 2019 and Crl. O.P. No. 24461 of 2016. The operative portion of the said order runs thus:- "12. In this background, I am constr....
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.... the 'No Objection' rendered by one among the many claimants with a further direction to the rest of the claimants to file affidavits expressing their no objections in quashing criminal proceedings as a pre-condition for disbursement. The relevant portion of the order reads as follows: 'Learned counsel appearing for the first complainant/Dr. K. Jayachandran (respondent no. 2) on caveat submits that if the money is released as directed by the High Court, he shall have no objection for quashing of the proceedings arising out of the aforesaid, provided that the money which was deposited is released back to the claimants by the Commissioner appointed by the High Court. We find that there are 136 claimants. Learned counsel for resp....
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....both the Hon'ble Settlement Commissioners in facilitating disbursement of the amounts to the majority of the legitimate claimants. 15. For all the foregoing reasons, the impugned C.C. No. 3876 of 2009 now pending on the file of the Special Magistrate at Allikulam Road, Chennai, is quashed. Crl. O.P. No. 30144 of 2019 thus stands allowed. The prayer sought for in Crl. O.P. No. 24461 of 2016 has become infructuous, since the Advocate/Settlement Commissioner has also already been appointed and thus, Crl. O.P. No. 24461 of 2016 stands closed. Consequently, connected Miscellaneous Petitions are closed." 4. Challenging the prosecution in C.C. No. 07 of 2018 that has been filed by the Enforcement Directorate, all the 12 accused therein have....